The 'Red Card': Your Silent Lawyer

What is a “Rights Card”?

A Rights Card (often called a “Red Card” due to the popular version by the ILRC) is a small card that states your constitutional rights in English.

It is designed to be handed to an officer so you do not have to speak.

The Text usually says:

“I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution. I do not give you permission to enter my home based on my 4th Amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door. I do not give you permission to search any of my belongings based on my 4th Amendment rights.”

Why Use a Card?

1. Overcomes Fear: When panicked, you might forget what to say. The card doesn’t forget.
2. Language Barrier: It speaks to the agent in English, ensuring there is no “misunderstanding.”
3. Legal Record: By handing the card, you have clearly and unequivocally invoked your rights. If the officer ignores it, your lawyer has a stronger case to suppress evidence later.

How to Use It Safely

There is a wrong way to use the card. Reaching into your pocket suddenly can be dangerous.

Step-by-Step

1. At the Door:

   • Do NOT open the door.
   • Slide the card under the door to the agents outside.

2. On the Street / Car:

   • Keep your hands visible.
   • Tell the officer: “I have a card in my pocket I want to show you.”
   • Move slowly.
   • Hand them the card and then remain silent.

3. After Handing It:

   • The officer may yell, lie, or act angry.
   • Do not break. You have played your card. Now you must trust it. Stay silent.

Where to Keep It

• In your Wallet: Keep one on you at all times.
• By the Front Door: Tape one next to the doorframe so anyone at home can grab it.
• On your Phone: Keep a photo of it (though a physical card is better so you don’t have to unlock your phone).

Make Your Own

You don’t need an official card. You can write this on a piece of paper:

“I am exercising my right to remain silent. I do not consent to a search. I want a lawyer.”

It is the words that matter, not the color of the paper.